Financial Management Course - Ch 13

Rev. 8/17/2016

 

Fed. R. Bankr. P. 1007(b)(7)

 

 

Under 2005 Bk. Reform (BAPCPA),  (subject to certain exemptions) to receive a discharge in a 13 case an individual debtor (the "Debtor") must complete an approved personal financial management course (the "Course") and file Official Form 423 Certification About a Financial Management Course if the financial management course provider (the "Provider") does not notify the court that the Debtor has completed the Course.

 

List of approved agencies are available at: www.justice.gov/ust.

 

 

Chapter 7 See: Financial Management Course - Ch 7



References:

 

11 U.S.C. § 111; § 727(a)(11); § 1328(g)(1)

Fed. R. Bankr. P. 1007(b)(7) and (c); 4004(c)(1)(H); 4006; 5009(b)

Official Form 423 Certification About a Financial Management Course (Form available at: www.uscourts.gov)


Exceptions:

 

11 U.S.C. § 727(a) makes applicable under § 109(h)(4)

 

  • Debtor is not able to complete course requirements (Debtor must file a motion for exemption from financial management course)

    • due to incapacity (mental) or disability (physical), or

    • due to being in active military duty in an active combat zone

    • debtor resides in a district the US Trustee has waived the requirement

 

  • Certification is not required for cases filed prior to *October 17, 2005 even when the case converts, splits, or transfers.


Filing Requirements:

No later than the last payment made by debtor as required by the plan or the filing of a motion for entry of hardship discharge under 11 U.S.C. § 1328(b)

 

  • Course completed
     

  • Official Form 423 filed by each individual debtor (the debtor may not file the certificate in lieu of the certification).

    OR
     

  • Certificate of Debtor Education filed by personal financial management course provider for each individual debtor.
     

 



Docket Event:

[Bankruptcy> Other> Certification About a Financial Management Course (Official Form 423)]